Parental Rights in South Carolina
South Carolina Parental Rights News
Action Alert: Ask Your State Senator to Support Reasonable Childhood Independence Bill
We’re excited to let you know that Senators Wes Climer and Greg Hembree have introduced S. 288, a bill that protects innocent families from being caught up in child neglect investigations. S. 288 amends South Carolina law to clarify that a loving and caring parent who allows his or her child to engage in “independent…
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South Carolina State Law and Parental Rights
At Risk
South Carolina does not have a state statute that explicitly defines and protects parental rights as fundamental rights.
Don't Miss a Critical Issue!
South Carolina Courts and Parental Rights
"Strict Scrutiny" Applied to Parental Rights
South Carolina courts have repeatedly recognized the rights of parents to oversee the care of their children as a fundamental right deserving of the strict scrutiny standard. However, this precedent is subject to change.
Key recent cases upholding fundamental parental rights include: State v. Whitner, 732 S.E.2d 861 (S.C. 2012), Marquez v. Caudill, 656 S.E.2d 737 (S.C. 2008), Loe v. Mother, 586 S.E.2d 807 (S.C. Ct. App. 2009), and Camburn v. Smith, 586 S.E.2d 565 (S.C. 2003).